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T.R. ISTANBUL Sixth Penal Court of Peace

T.R.
ISTANBUL
Sixth Penal Court of Peace

Hearing date: 10.05.2005
Case no.: 2005/906
Judge: Hikmet Yaşar 24541
Clerk: Hasan Baykuş 7046

The hearing began on and at the appointed date and time in the trial chamber of Istanbul Sixth Penal Court of Peace.

The Defendant Eşref Nebat and the Plaintiff Yusuf Behar were present.
The Defendant took the stand.
An identity check was conducted.
DEFENDANT EŞREF NEBAT: Born of Süleyman son of Ahmet and Ayşe daughter of Tacim. YoB 1970, domiciled in the Istanbul Fatih ferahevler neigh’d. Domiciled at talaş street 28/1stFl. 4 beyoğlu Istanbul. Bachelor, literate, no criminal record, T.R. muslim, baker’s apprentice, poet.
The indictment and appendices were read out. the alleged crime was explained.
The Defendant was informed of his Rights as per Article 135 of the PC.
The Defendant responded: I understand my legal rights. I do not demand counsel.
The Defendant was asked to enter a defence: I have not committed the alleged crime. I repeat verbatim the statement I gave at the police station. The Defendant’s police station statement was read out. He acknowledged it as correct. The Defendant’s
identity and criminal record check were read out. He verified these as his own.

The Plaintiff took the stand.
An identity check was conducted.
PLAINTIFF YUSUF BEHAR: Born of Yeruşalmi son of Şalom and Melis daughter of İzak. YoB 1961, registered in the Istanbul Nişantaşı Karakol neigh’d. Domiciled at Vali Konağı rd. 128/5th Fl 2 istanbul. Married, literate, no criminal record, T.R. Jewish, baker.
The Plaintiff was asked: The Defendant works for me. despite me warning him countless times, he frequently plays with his nose. On the morning of 10 March 2005 around 10 o’clock, being otherwise occupied with picking his nose again, he has neglected to check the fire in the oven, a spark has spattered onto the wooden floor thereby causing a fire in the bakery and so loss of business earnings and time. And so I enter my plaint.
His police station statement was read out. He acknowledged it as correct.

A witness call was made. Witness Ayşe Nebat was observed to be in attendance.
She took the stand.
An identity check was conducted.
WITNESS AYŞE NEBAT: Born of Tacim son of zekeriya and Züleyha daughter of Muhammed. YoB 1952, registered in the Burdur central neigh’d. Domiciled at Vatan rd. 12/1st Fl 3 Istanbul. Married, literate, no criminal record, T.R. Muslim, housewife. Mother to Defendant reminded of her right to abstain she said she would testify and was asked without oath. The Witness was asked: Your son is alleged to have lost his concentration when picking his nose in the baker’s where he works and by having neglected to check the oven caused a fire. Do you have any information or first hand testimony to offer in this matter?
Witness: He does have a habit of picking his nose we’ve told him so many times but he never still his father’s never laid even the lightest flick on him she said My Son is very absent-minded he doesn’t talk much as a child he used to wear his elder sister’s nighties and not his own pyjamas. In any case he’s not called on us for three years this is the first time we’ve seen him since he’s left home. When he first started primary school his nose was swollen we’d thought his elder brother had hit him but then we realised hed been picking. That coincided with lightning striking the house that’s how I remember she said.

Witness Süleyman Nebat was observed to be in attendance.
He took the stand.
An identity check was conducted.
WITNESS SÜLEYMAN NEBAT: Born of Ali son of Ahmet and Güllü daughter of Halil. YoB 1948, registered in the Burdur lower neigh’d. Domiciled at Vatan rd. 12/1st Fl 3 Istanbul. Married, literate, no criminal record, T.R. Muslim, grocer. Father to Defendant reminded of his right to abstain he said he would testify and was asked without oath.
The Witness was asked: Your son is an apprentice in a bakery. It is alleged that whilst picking his nose he neglected to check the fire and caused a fire. Do you have any information or first hand testimony to offer in this matter?
Witness: When he was little he always picked his nose lined up his boogers on the wall drove me up the wall. How many times have I beat him up to sort im out but he won’t listen, he’s that obstinate. And he’s so vile, once when he was in third grade he swelled up his nose picking at it again and again and that was the day my shop was flooded because of his filth what do you expect filthy places get flooded and haunted and all. His elder brother’s set up his own business before he was eighteen, this boy’s not stuck it out at any job we placed him in says he’s going to be a poet. his elder sister’s married her husband’s a manager she has two children both of them boys but this boy’s never going to make anything of himself. He’s no son of mine he said.

Witness Güvenç Aroğlu was oserved to be in attendance.

He took the stand.
An identity check was conducted.
WITNESS GÜVENÇ AROĞLU: Born of Tacim son of Zekeriya and züleyha daughter of Muhammed. YoB 1954, registered in the Burdur central neigh'd. Domiciled at Vatan rd. 12/1st Fl 3 Istanbul. Married, literate, no criminal record, T.R. Muslim, timber merchant. Maternal uncle to Defendant reminded of his right to abstain he said he would testify and was asked without oath.
The Witness was asked: Your nephew is alleged to have lost his concentration when picking his nose in the baker's where he works and by having neglected to check the oven caused a fire. Do you have any information or first hand testimony to offer in this matter?
Witness: he does pick his nose I've seen him so many times. He was in fourth grade, I never forget the day his nose had swelled up because he'd been picking inside a storm came up and knocked our shop down on the same day he said. My sister's not bothered about her children but their father's a good man. For his sake I'd taken him to my shop after school so he could learn a trade that year. he's a bit sluggish but is a good boy, he's not stupid but lazy he said.

Witness Züleyha Nebat was observed to be in attendance.
She took the stand.
An identity check was conducted.
WITNESS ZÜLEYHA NEBAT: Born of Süleyman son of Ahmet and Ayşe daughter of tacim. YoB 1968, registered in the Istanbul Fatih ferahevler neigh’d. Domiciled at Vatan rd. 12/1st Fl 3 Istanbul. Spinster, literate, no criminal record, T.R. Muslim, housegirl. Elder sister to Defendant reminded of her right to abstain she said she would testify and was asked without oath.

The Witness was asked: Your brother is alleged to have lost his concentration when picking his nose in the baker’s where he works as an apprentice, neglected to check the oven and caused a fire. Do you have any information or first hand testimony to offer in this matter?
Witness: He does pick his nose I’ve told him so many times but he won’t listen. The vile thing when he was in second grade one day his nose had swelled up and you should ask his elder brother what happened that day she said. and I tried to so hard to stop him taking my skirts to wear so he wouldn’t get beaten by mum or dad but I couldn’t make him stop. He’s now known in the neighbourhood as vile and it’s all his fault I’m left on the shelf. He’s left home forgotten us still he has a kind heart does my brother. What happened can’t be his fault dad says to ask why he’s been seeing that coffee shop apprentice evey other day she said.

Witness Elmas Bilir was observed to be in attendance.
She took the stand.
An identity check was conducted.
WITNESS ELMAS BİLİR: Born of Hasan son of Kemal and zeynep daughter of Metin. YoB 1951, registered in Istanbul Eminönü iskele neigh’d. Domiciled at Elmadağ Teachers’ neigh’d 113/7 6th Fl Istanbul. Married, literate, no criminal record, T.R. Muslim, retired teacher. Primary school teacher to the Defendant, no obstacles to testifying, sworn in as per procedure.
The Witness was asked: There is an indictment against the Defendant who works as an apprentice in a bakery. It is alleged that whilst picking his nose, he neglected to check the oven and so caused a fire. Do you have any information or first hand testimony to offer in this matter?
Witness: they’re both correct, he is a poet and he does pick his nose. I saw with my own eyes one day when he was in fifth grade

his nose was so swollen picking and in fact that was the day when the classroom in the annexe was razed to the ground in the earthquake I’ll never forget it. His parents always dressed him in his elder brother’s outfits although they were too big for him, his elder brother was a big lad, may he rest in peace. the outfits always drooped off the shoulders of this little scrawny one she said.

Witness Tarık Nebat was called. He was observed to be absent. It was revealed that he had not been summoned. The reverse of the summons chit read: According to the statement of the landlord resident at the flat above the address of Vatan rd. 12/1st Fl 3 Istanbul, Tarık Nebat is the elder brother of Defendant Eşref Nebat and died 23 years ago.

The Plaintiff was Asked for his declaration on the witness statements:
The witness statements are conflicting. I refute those witness statements made against me I have no further declarations on the others. also number one on my list of evidence a document handwritten by the defendant and found in his drawer at work. I present it to the Honourable Court.
One document was presented.
The document was taken and placed in the defendant’s folder. One poem was observed to be the contents of said document.
The document was read out.

‘Itch.

My nose was itching again
In the year two thousand and five month March number ten day Thursday
On my mind the boss’s platitudes, I’m naïve I’m an idiot I’m absent-minded
My pride in my pocket, lifting and dropping sneakily
(The sweet recollections of the night dark Yosi fine Yosi-
they revisit my heart time and again)
I’d started scratching my nose I looked up the hour hand showed 10 how sweetly it itched!
and I was thinking at the same time
Who knew what’s happening right this moment
Babies are born the sun rises
The flowers winking rakishly at the spring
Lovers chasing one another
Loveless chasing love, dogs chasing cats,
Quablunats forced to chase humans, not because they’re evil
There’s none who knows how long this will chase go on for but for me and the Little Sorcerer.
But He never picks His nose I’m the only one who obliges
When the clouds settle upon my head the people sink upon my brain automatically crrrt
crrrt crrrt’

The facts were assessed. It was noted that all witnesses bar Tarık Nebat had been heard. Since Tarık Nebat was understood to have died as per the landlord’s statement, said statement being verified, the Court waived said witness.
The findings of facts was concluded.

The Plaintiff was asked: the witness statements and collected evidence prove the guilt of the defendant I ask that he be punished he said.
The Defendant was asked for his defence on the charge.
The Defendant stated in his defence on the charge: I repeat my earlier defence.
The Defendant was asked for one final statement: I demand to be acquitted he said.
The case was reviewed. The hearing was concluded with no unheard testimony or unseen evidence remaining.

JUDGMENT:
Whereas it has been verified by witness statements and the dfendant’s own statement that the fire that broke out on 10 March 2005 in the Şloma Cake Bakery belonging to Yusuf Behar was caused by the lack of due care and neglect of the bakery apprentice Defendant Eşref Nebat as he was picking his nose at the time, and in accordance with TRPC A.383, in view of the manner of the crime the nature of the action the extent of the damage and the gravity of the fault,
A ruling has been made for the Defendant to be sentenced to 18 months in prison and payment of a heavy fine of TL2,358,000,
In view of the hereby included mental health report obtained from a fully equipped military hospital and which exempts the Defendant from doing his national service on grounds of poetic daydreaming and since it has been established that he was suffering with diminished responsibility at the time of committing the crime,

A ruling has been made for the Defendant’s punishment to be reduced by 1/3 in accordance with TRPC A. 47 and so to 12 months in prison and payment of a heavy fine of TL1,572,000,
In view of the Defendant’s good conduct and careful avoidance of nose picking throughout the trial,
A ruling has been made to further reduce the sentence by another 1/6 in accordance with TRPC A. 59,
AND IN CONCLUSION, TO SENTENCE THE DEFENDANT TO 10 MONTHS IN PRISON AND PAYMENT OF A HEAVY FINE OF 1,310,000,
In view of the Defendant’s past conduct and low risk of reoffending and in the Court’s opinion, suspension of his sentence will in the future encourage him not to pick his nose,
The Court has ruled, in accordance with article 7 of the law number 647, TO SUSPEND the imposition of the sentence, and this ruling open to appeal was read out loud and made clear in front of the defendant and the plaintiff.

From the book, translated by: Feyza Howell